Custodial Sentencing

Question 1

Define custodial sentencing

Answer 1

Involves a convicted offender spending time in prison or another closed institution (I.e. Young offenders institute/ psychiatric hospital)

Question 2

What are the four main aims of custodial sentencing

Answer 2

Deterrence, incapacitation, retribution, rehabilitation (dogs in red ribbons)

Question 3

Describe deterrence as an aim of custodial sentencing

Answer 3

Unpleasant experience of prison designed to put off the individual/society from offending
- General deterrence sends a message to wider society that crime is not tolerated
- Individual deterrence should prevent an individual from reoffending (recidivism)
- based on behaviourist ideas of conditioning via punishment

Question 4

Describe incapacitation as an aim of custodial sentencing

Answer 4

Offender is taken out of society to prevent reoffending as a means of protecting the public

Question 5

Describe retribution as an aim of custodial sentencing

Answer 5

Demonstrates to society + victims family that the offender ‘paid’ for their crime
- punishment should be proportional to the severity of the crime
- prison often seen as best option for retribution, lthers seen as too soft

Question 6

Describe rehabilitation as an aim of custodial sentencing

Answer 6

Prisons should provide an opportunity for offenders to reform
- upon release offender should be better adjusted + ready to take back their place in society
- may provide education, addiction treatment programmes + reflection

Question 7

Outline negative effects of custodial sentencing

Answer 7

Stress and depression —> suicide rates and self harm are considerably higher in prisons, the stress of the experience increases risk of psychological disturbance following release
Institutionalisation —> adapting to norms and routines of prison life, means inmates become so accustomed that they are no longer to function in normal society
Prisonisation —> refers to way prisoners are socialised into adopting ‘inmate code’, behaviour may be considered unacceptable in the outside may be encouraged or rewarded

Question 8

Give strengths of custodial sentencing

Answer 8

Cannot generalise negative effects
- not psychologically challenging for all offenders, factors like addiction, existing mental health issues, prison conditions, length of sentence may influence their experience of custodial sentencing
- suggesting that for some people it can be helpful
Rehabilitation
- offenders may access training and education whilst in prison, making them more likely to find work on release
- found that offenders who partake in college education programmes are 43% less likely to reoffend following release, + these prisons report fewer incidents of violence
- means prisons can be effective in reducing reoffending, having a positive impact on society by reducing criminal behaviour
- beneficial experience for the offender too

Question 9

Give weaknesses of custodial sentencing

Answer 9

Issues with overcrowding
- overcrowding and lack of funding in prisons in the UK which is expected to rise
- not enough funding for rehabilitation programmes (I.e. counselling/ addiction programmes) + shows these may not be succesful in reducing and preventing crime
- overcrowding also may exasperate negative effects like stress or depression, may have to consider alternative methods
Increased chance of reoffending
- prisoners incarcerated with more experienced criminals may learn new techniques for offending
- this increases their chance of reoffending by going into other types of crime
- undermines attempts at rehabilitation, may encourage offending behaviour and so reducing its effectiveness